To reauthorize the North Korean Human Rights Act of 2004,
and for other purposes.

1.

Short title

This Act may be cited as the
Ambassador James R. Lilley and
Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of
2012.

2.

Findings

Congress finds the following:

(1)

The North Korean
Human Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) and the
North Korean Human Rights Reauthorization Act of 2008 (Public Law 110–346) were
the product of broad, bipartisan consensus regarding the promotion of human
rights, transparency in the delivery of humanitarian assistance, and the
importance of refugee protection.

(2)

In addition to the
longstanding commitment of the United States to refugee and human rights
advocacy, the United States is home to the largest Korean population outside of
northeast Asia, and many in the two-million strong Korean-American community
have family ties to North Korea.

(3)

Although the
transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has
introduced new uncertainties and possibilities, the fundamental human rights
and humanitarian conditions inside North Korea remain deplorable, North Korean
refugees remain acutely vulnerable, and the findings in the 2004 Act and 2008
Reauthorization remain substantially accurate today.

(4)

Media and nongovernmental organizations
have reported a crackdown on unauthorized border crossing during the North
Korean leadership transition, including authorization for on-the-spot execution
of attempted defectors, as well as an increase in punishments during the
100-day official mourning period after the death of Kim Jong-Il.

(5)

Notwithstanding
high-level advocacy by the United States, the Republic of Korea, and the United
Nations High Commissioner for Refugees, China has continued to forcibly
repatriate North Koreans, including dozens of presumed refugees who were the
subject of international humanitarian appeals during February and March of
2012.

(6)

The United States,
which has the largest international refugee resettlement program in the world,
has resettled 128 North Koreans since passage of the 2004 Act, including 23
North Koreans in fiscal year 2011.

(7)

In a career of
Asia-focused public service that spanned more than half a century, including
service as a senior United States diplomat in times and places where there were
significant challenges to human rights, Ambassador James R. Lilley also served
as a director of the Committee for Human Rights in North Korea until his death
in 2009.

(8)

Following his 18
years of service in the House of Representatives, including as Chairman of the
Foreign Affairs Subcommittee on East Asian and Pacific Affairs, Stephen J.
Solarz committed himself to, in his words, highlighting the plight of
ordinary North Koreans who are denied even the most basic human rights, and the
dramatic and heart-rending stories of those who risk their lives in the
struggle to escape what is certainly the world’s worst nightmare, and
served as co-chairman of the Committee for Human Rights in North Korea until
his death in 2010.

3.

Sense of
Congress

It is the sense of
Congress that—

(1)

the United States
should continue to seek cooperation from foreign governments to allow the
United States to process North Korean refugees overseas for resettlement in the
United States, through persistent diplomacy by senior officials of the United
States, including United States ambassadors to Asia-Pacific countries, and
close cooperation with its ally, the Republic of Korea; and

(2)

because there are
genuine refugees among North Koreans fleeing into China who face severe
punishments upon their forcible return, the United States should urge the
People’s Republic of China to—

(A)

immediately halt
its forcible repatriation of North Koreans;

(B)

fulfill its
obligations pursuant to the 1951 United Nations Convention Relating to the
Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and
the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s
Republic of China to UNHCR Branch Office in the People’s Republic of China;
and

(C)

allow the United
Nations High Commissioner for Refugees (UNHCR) unimpeded access to North
Koreans inside China to determine whether such North Koreans are refugees
requiring protection.

4.

Support for human
rights and democracy programs

Section 102(b)(1) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by striking
2012 and inserting 2017.

5.

Radio
broadcasting to North Korea

Not later than 120 days after the date of
the enactment of this Act, the Broadcasting Board of Governors (BBG) shall
submit to the appropriate congressional committees, as defined in section 5(1)
of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report that
describes the status and content of current United States broadcasting to North
Korea and the extent to which the BBG has achieved the goal of 12-hour-per-day
broadcasting to North Korea pursuant to section 103 of such Act (22 U.S.C.
7813).

6.

Actions to
promote freedom of information

Subsections (b)(1) and (c) of section 104 of
the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended by
striking 2012 and inserting 2017 each place it
appears.

7.

Special envoy on
North Korean human rights issues

Section 107(d) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7817(d)) by striking 2012 and
inserting 2017.

8.

Report on United
States humanitarian assistance

Section 201(a) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matter preceding
paragraph (1), by striking 2012 and inserting
2017.

9.

Assistance
provided outside of North Korea

Section 203(c)(1) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking
2012 and inserting 2017.

10.

Annual
reports

Section 305(a) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the
matter preceding paragraph (1) by striking 2012 and inserting
2017.